has all the story wrap-up. i contribute to it. it's called bair tracks. that's it for this "special report," fair, balanced, unafraid. >> tonight wall street chaos as some kind of glitch locks up trillions of dollars. and now word on what caused it. plus the former nfl player today indicted for murder. prosecutors make their case against aaron hernandez. >> we're about getting justice for victims. >> the defense is vowing to clear his name. >> aaron hernandez is an innocent man as we stand here today. >> tonight the showdown in court. egypt's former leader leaves prison more than two years after the revolution that toppled him. and a threat of possible force

against syria after a chemical weapons attack reportedly killed hundreds of people, including children. plus a giant sinkhole swallows a bunch of trees in a matter of seconds. first from fox this thursday night, a grand jury today indicted the ex-football star aaron hernandez on charges of murder in the first degree. prosecutors say he shot and killed his friend in the middle of the night less 18-mile from the athlete's million dollar mansion. our producener the courtroom says hernandez appeared to smirk as the district attorney went through the indictment, which also includes charges related to gun possession. prosecutors say aaron hernandez gunned down his friend, a semi pro football player named odin lloyd execution style in june. surveillance video from aaron hernandez's home is said to show him carrying a gun just moments

after that shooting happened, but his defense lawyer says prosecutors still do not have the evidence to prove their case beyond a reasonable doubt. >> we believe that burden will not be carried. aaron hernandez is an innocent man as we stand here today. >> we wanted to present as much evidence to the grand jury as we could before we asked for the vote. that's exactly what we did. >> shepard: keep in mind, the former new england patriot's legal troubles may be just beginning. according to our station in boston, my fox boston, police found a gun that somebody used in two other murders back in 2012. investigators are reportedly trying to link aaron hernandez to those murders as well. molly lyon is outside the courthouse in attleborough. molly? >> the case against aaron hernandez will go forth in superior court, but today he faced a district court judge, a courtroom full of reporters, and also the family members of the man he's alleged to have killed. the body of 27-year-old odin

lloyd was discovered on june 17th. his mother and numerous other relatives wore pins today in his memory. >> i don't think happy is the right word. this was a very grave case. my heart goes out to the lloyd family. i just met with somewhere around 10 of his family members. this is a grim profession. >> an attorney representing hernandez insisted he's innocent today. >> there has been an incredible rush to judgment in this case. it has been based on innuendo, misrepresentation of facts, hearsay and opinion has been represented as fact and as evidence, and it is not. >> also indicted today, earnest wallace, 47 years old, for accessory after the fact of first-degree murder, and a cousin from hernandez's hometown of bristol, connecticut, was indicted, 37-year-old tanya singleton for refusing to testify before the grand jury. shep? >> shepard: molly, there may be

several important players in this case. from friends of aaron hernandez to his relatives. today on studio b, the criminal defense attorney heather hanson explained how prosecutors may be trying to get one or more of those people to turn on hernandez. >> the cousin was also indicted today, because she refused to testify at the grand jury. wallace, one of the people who were with him, was indicted today as an accessory after the fact. there are a lot of people involved in this. the fiancee will have more investigation after her, because there's thought he had helped to get rid of the gun. there's a lot of people who could be involved, a lot of people who seem to be afraid of him. >> shepard: the fiancee left the courthouse in tears today. so far she does not face charges in connection with the shooting. minutes ago we got word that jurors deciding the case of the accused fort hood shooter are headed home tonight, no verdict today. jurors spent four hours teed deliberating the fate of army major nidal hassan.

jurors returned to court about 15 minutes ago to ask a couple of questions, but again no verdict tonight. prosecutors say there is no question that major hassan planned and carried out the attack in 2009 at that post in texas. he's never even disputed it. while he's been representing himself throughout the trial, he's had very little to say, put up no defense virtually, just about the only words spoken today were, "the defense chooses not to make a closing statement." the 13-member jury needs only a 2/3 majority to find major hassan guilty of the charges, but if they want the military to execute him they will have to all be on board. casey stegall with the news tonight. casey? >> every single person on that panel is a senior ranking army official, an officer, a rank in fact of major or higher. they were carefully selected, you'll remember, at the beginning of july from u.s. army posts all around the world. they have not been sequestered since this court martial began

on august 6th, but clearly instructed not to read anything about this extremely high-profile case, watch any news reports about it or talk with anyone about their involvement. at this hour they're going through the long list of 45 charges, 13 premeditated murder for those who died, and 39 attempted premeditated murder. the panel release recessed for e night, continuing tomorrow morning. >> shepard: if he's found guilty, then in his sentencing a family member from each of the 13 victims will speak about what this tragic act did to their lives. meantime the u.s. soldier who pleaded guilty to murdering 16 villagers in afghanistan last year said today in court, i'm truly, truly sorry. remember a jury is working to determine whether the staff sergeant robert bales should have any chance of parole. he already faces life in prison as a result of his plea deal. today in court, the soldier

called his predawn massacre an act of cowardice and added nothing makes it right. "so many times i've asked myself, i don't know why, sorry isn't good enough." he hopes somebody will translate his remarks for the afghan villagers whose loved ones died. some of those survivors faced him in court this week and said they, too, still wish to know why he went on the rampage. trading resumed on the nation's largest stock exchange this afternoon after officials say a computer glitch forced a three-hour shutdown of the tech-heavy nasdaq, all trading stopped. it happened shortly after the noon hour today on the east coast. when it didn't, trading of some of the biggest tech giants, including apple, google, microsoft, all screeched to a halt. investors didn't seem too bothered, because the nasdaq still closed more than a percent higher. we're live in our new york newsroom. jo? >> hi, shep. nearly two hours after the trading day ended, nasdaq finally explained that the flash

freeze was caused by a glitch in its processor used to distribute stock quotes to investors. you can see how the nasdaq flatlined here. full trading did not room until 3:25 eastern time. during the time $5.7 trillion worth of shares were paralyzed and inaccessible to traders. nasdaq said in a statement that we will, quote, work with other exchanges to investigate the issues of today and will support any necessary steps to enhance the platform. experts say there's little to worry when it comes to your 401(k) or ira because as trading networks have become more interconnected the market has come to expect glitches like these. even president obama heard about the issue today. shep. >> shepard: the so-called flash crash of 2010 caused a drop in the dow of 1,000 points. while a computer glitch caused today's problems, back in december of 1987 a squirrel

reportedly caused a short-circuit that shut down the nasdaq for more than an hour. wall street survived. the squirrel did not. and seven years later another squirrel forced the exchange to close when it chewed through power cables. after all that, stocks closed higher for the first time in six trading sessions. besides the nasdaq's gain, the dow was up 66, the s&p up 14. this comes despite a report that shows more americans are fresh out of work, or were last week. the labor department reports 13,000 more people filed their first claims for jobless benefits, but the trend is clearly heading in the other direction, at least for the moment. claims have been dropping in recent weeks, and they're about half of what they were during the worst days of the great recession. dramatic details about the final moments before a gunman shot a baby in the face right in front of his mother. the accused killer's codefendant talks about hearing the shot that hit child between the eyes. plus, there's word the mayor accused of sexually harassing 18

women now has cut some sort of deal with the city. the latest on the future of bob filner and the monster he says is inside him. that's coming from the journalists of fox news on this thursday "fox report." ♪ reinforced with scratch- resistant glass

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side effects may include headache, abdominal pain, and diarrhea. if you have persistent diarrhea, contact your doctor right away. other serious stomach conditions may exist. don't take nexium if you take clopidogrel. relief is at hand for just $18 a month. talk to your doctor about nexium. >> shepard: there's word this afternoon that the san diego mayor bob filner may be hours away from stepping down. a city attorney says mayor filner cut a deal and the city council could approve it as soon as tomorrow. we don't have word yet on the details, but local media do report that the mayor has agreed to resign. 18 women have accused him of sexual harassment, including groping, grabbing, and slobbering on them. a former aide is suing mayor filner, claiming he once put her in a headlock and asked her to work without her underwear. her lawyer says they have not signed off on any deal. a photo reportedly shows the democratic mayor leaving city hall last night and putting boxes into his car. today mayor filner's former

fiancee says she hopes the city can get past this. >> i'm hopeful that the ideas and the vision that captured the imagination and vote of san diegoans last november will continue to move forward through new leadership. >> bob filner has apologized, claimings he's a hugger of men and women. he says he recently underwent intensive therapy for what he once called a monster inside him. jurors fom the first time have heard the words of the teenager charged with shooting and killing a baby in georgia as that child's mother pushed him in a stroller. more on that in a moment. at teenager's alleged accomplice who i guess also charged with murder, gave dramatic courtroom testimony today detailing the shooting. dominique lang took the stand and said that demarcus elkins, who you see here, tried to rob the baby's mother and threatened the child. lang said elkins fired at the ground, shot the women in the leg, and let off a third-round. prosecutors say it was that bullet that struck the baby in

the face. lang also testified that he and elkins had essentially just met each other earlier that day. >> say anything to you after that? >> yes, ma'am. >> what did he say? >> he asked me, did i ever off somebody before. >> what did you tell him? >> no. >> lang says he went with elkins, because the teen had shown him a gun and he was scared. john roberts is covering the affair live in marietta, georgia. john? >> shep, in that interrogation video presented by the prosecution today, demarcus elkins says on the day of the murder he woke up at 10:00, left the house at 11:00, went straight to school. police then tell elkins they have surveillance video of him earlier in the day, and he's a prime suspect in the murder of 13-year-old antonio santiago. here's how elkins reacted. >> dude, i don't know what y'all talking about. i don't carew!ñ about. i got nothing to do with it.

>> and here's how the defense responds to all of that, by trying to blow holes in the credibility of anybody who testified against elkins. in the crosshairs today was dominique lang, who admitted under withering cross-examination, that he lied to investigators at least 15 times. >> would you agree that right before you say, i'm telling the truth, sir, i'm not fixing to lie to you, the investigator tells you this is your last opportunity to tell me the exact truth, and that's another example of where you lied during this interview, isn't it? >> okay, i lied, i lied, i lied. >> okay, i lied, i lied, i lied. the prosecution is expected to call between 30 and 35 witnesses. so far they've only gotten through eight. shep, this could go on for a long time, because the defense will call its own set of witnesses as well. >> shepard: john, dominique lang also said he does not have a deal with prosecutors and that he agreed to testify, because he just wants to go home.

a 16-year-old girl from california is thanking her rescuers after investigators say a family friend killed her mother and brother and kidnapped her. hannah anderson spoke with nbc news in her first interview since horseback riders spotted her with james dimaggio in the wilderness of idaho and an fbi team saved her. she corrected a report that she called dimaggio 13 times before he grabbed her. >> the phone calls weren't phone calls. they weren't texts, because he was picking me up from cheer camp, and he didn't know the address, like, where i was, so i had to tell him the address, tell him that i was going to be in the gym, not in front of the school, you say so he knew where to come get me. >> shepard: dimaggio died after a shootout with fbi agents nearly two weeks ago now. investigators report that teenagers accused of killing a man for fun were essentially raising themselves. a live report on that next.

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>> shepard: we're learning more tonight about the three oklahoma teenagers who investigators accuse of murdering a man out of boredom. the prosecutors says the boys age 15, 16 and 17 didn't have much adult supervision. he says they ran around the apartment complex where they lived, quote, playing violent video games and pretty much raising themselves. of course none of that is much consolation to the vietnam of ff this man, chris lane, an australian baseball clear attending oklahoma's east

central university. they drove up behind him, investigators say, shot him, and drove off, murdering him for the fun of it. we're live in chicago tonight. garrett? >> yes, shep. just a few months ago, the youngest of those three teens, james edward jr. allegedly posted this on twitter, "90% of white apple are nasty." #hatethem a few days after the trial of george zimmerman, there was this message, using slang, he bragged about knocking out five white people since the verdict was read. when we spoke to the district attorney this afternoon, though, he said as of right now they are not focusing on the crime -- focusing on the murder rather as a hate crime, but instead as a homicide. while police are still searching for the murder weapon, schools are now back in session in duncan, oklahoma, but with additional security after

several threats of violence earlier in week. shep? >> shepard: somebody set up an online fund to raise money to help chris lane's family fly his body home. the goal was to raise about 15 grand. as of this hour, people have donated more than $110,000. bradley manning now. he says he wants to live out the rest of his life as a woman. he says he is female, and his new name is chelsea manning. just yesterday a judge sentenced the army five-day forecast 35 years for giving wikileaks hundreds of thousands of secret u.s. government documents. bradley manning's lawyer released this photo of manning during the trial used manning's gender identity disorder as part of his defense. the attorney says he'll fight to get the military to give manning hormone treatment in prison. right now officials say the army does not provide that treatment. manning's lawyer says the private wrote a letter to president obama, saying manning knows he broke the law, but that he did it out of love for his

country. president obama says a year ago that the use of chemical weapons would be a red line in syria. but now that there are dramatic new claims that's exactly what is happening again. other nations appear to be taking a much harder line. jonathan hunt reports. and it's a familiar drill for anybody who's ever considered which college to attend. you make a list of schools, you compare them. now the federal government might do the same thing. not to plan for a new college rating system as we approach the bottom of the hour and the top of the news. meet the newest member of the quicken loans family:

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the economy comes to life. norfolk southern. one line, infinite possibilities. >> shepard: some crazy video now of an under water sinkhole that swallowed a bunch of trees in a louisiana bayou. it happened yesterday in a waterway west of new orleans. officials say they noticed the sinkhole last year and ordered a mandatory evacuation of the year. look at this. state and federal agencies have reportedly been monitor being it ever since. cameras happened to be rolling, they tell us, when the hole opened up and sucked down the trees. nobody got hurt. at least 30 people are hurt after a massive waves crashed into a coastline. they top our news around the world in 80 seconds. >> shepard: china. those waves the result of a major storm swelling the incoming tide that rushed into a narrow inlet, smashing a

riverbank and ripped up part of a seawall in the east. state media report the water shot up to 60 feet high. crews rushed the injured onlookers to hospitals. greece. crews battled a huge wildfire that charred some 1500 acres on a popular vacation island. an official says this could be the latest in a series of fights that arsonists have started this summer. haiti. folks in puerto princ grocery store worker is moonlighting as a so-called superhero at a subway in tokyo. the guy dresses up in a green power ranger suit and volunteers to carry commuters' baby strollers and heavy luggage up and down the long flights of stairs. the travelers love the service,

since they're no elevator at the station. the guy wants to put together a full team of subway rangers to help out while he's at his day job. that's a wrap on this fox trip around the world in 80 seconds. >> shepard: i'm shepard smith. this is the "fox report." it's the bottom of the hour, time for the top of the news. we're being exterminated. that's what one syrian told the reuters news service today. opposition forces claim the government killed hundreds of its own people in a chemical weapons attack outside damascus. then this. activists say this is amateur video of syria shelling the same area again today. there is video that purports to show victims of yesterday's poison gas attack. the government denies using chemical weapons, but is

refusing to let united nations inspectors see it for themselves, even though those inspectors are already in damascus a few short miles away to investigate earlier claims of chemical attacks. jonathan hunt is live in north with an update. u.s. officials are refusing to point fingers despite the video and all the evidence. >> yeah, not just refusing to point fingers in terms of blame, shep, but actually saying they have not definitively concluded there was a chemical weapons attack. listen here. >> we are unable to conclusively determine cw use, but we're focused on doing everything possible within our power to nail down the facts. >> nailing down the facts will include looking at this video, which appears to show scores of people killed and being treated with no signs of the sort of physical trauma there might be

if it had been a normal sort of bomb attack. now, the united nations and secretary-general has also called for an urgent investigation. those inspectors, the united nations ones already in damascus, as you said, shep, just 15 minutes away from the scene of the alleged attack, but unable to get there without syrian government assistance, not forthcoming right now. shep? >> shepard: there's videos of dozens and dozens and dozens of children dead on the floor with no wounds, just lying dead. some nations have looked at this and said, we've got to act. >> yeah, absolutely. the french among the leading nations in terms of issuing strong statements. the foreign minister said today that if indeed it is definitively determined this was chemical weapons used by the syrian regime, then there must be a reaction of force as he put it. i spoke to one leading middle east expert of the university of south carolina today to ask him

what exactly he believed happened. he said 100% this is the work of the government regime. he said assad tries to create a new balance of fear with the rebels by indiscriminate use of gas and chemical weapons. he feels he can do it. this is where strong american reaction can deter him, but that strong american reaction right now seems some way off. shep? >> shepard: analysts believe syria has one of the world's biggest stockpiles of chemical weapons including sarin gas, mustard gas, and many experts who looked that the video believe it may have been sarin. of course it's not been confirmed. meantime in egypt, a crucial u.s. partner in the middle east, the former leader hosni mubarak is out of prison. the government reports he's under house arrest and officials say he could end up back board obehindbars.

he was forced out of power more than two years ago. last month the military forced out his replacement, mohamed morsi, egypt's first democratically-elected president. morsi supporters camped out for weeks to protest, and last week officials say hundreds of people died after the military cleared out those camps and some protesters fought back. now morsi's supporters are planning more protests tomorrow, calling it a friday of martyrs. james rosen at the state department. james? >> shep, good evening. few here regard the release of ex-president but maker as a muba stabilizer. he flashed a quick smile as he was removed from the cairo prison to the military hospital where he has previously spent time during his two years of detention. >> with respect to the mubarak trial, decisions made, this is an internal egyptian legal

matter working its way through the egyptian legal system. beyond that, i don't have more for you. i refer to you the egyptian government. >> while the country he ruled for 30 years remains in turmoil, mubarak emerges as a man without a country as both parties in egypt's current conflict, the military and the islamist muslim brotherhood faction helped bring about mubarak's downhill. state department officials declined to say whether the u.s. would continue its presence relationship with egypt if the military does not take immediate steps to restore democracy. shep? >> shepard: hosni mubarak supporters say he had a stroke. president obama focused on domestic issues today, to highlight a new education plan he rode a bus to school. it was the start of a two-day bus tour through new york and pennsylvania. he stopped at two schools,

unveiled a plan to create a ratings system to evaluate universities and colleges. he says he wants to rate schools based on factors like tuition cost and graduation rates, then reward students at the highest-rated colleges with larger grants, more affordable student loans. we're live in d.c. rich? >> shep, president obama says he wants that new college ratings system up and running by 2015, wants to tie federal student aid to those ratings by 2018. he says that will drive down cost by rewarding efficiency. >> what we want to do is rate them on who's offering the best value so students and taxpayers get a bigger bang for their buck. >> he has opposition. the president of the association of american colleges and universities says the federal government has neither competence to make its own metrics. the chairman of the house education and fork worries committee says i remain concerned that imposing an arbitrary college ranking system

could curtail the very innovation we hope to encourage and even lead to federal price controls. the administration says it already has the authority to publish these school value ratings, but to tie them to federal funding, that takes an okay from congress. shep? >> shepard: the president is scheduled to speak at another state university in new york tomorrow before joining vice president biden in scranton, p.a. yahoo! was the most visited website in july beating out google for the first time in two years, according to a new report according to comscore which tracks unique visitors. nearly 179 million people visited yahoo! in july compared to 192 million for google. yahoo!'s current ceo, marissa ma meyer, has been running things for more than a year, and shares have nearly doubled in price in that time. her last job, by the way, was at google. a husband and wife say they went on a cruise overseas and ran into serious trouble. the wife says she was afraid her

injured husband would die after the cruise ship took off without them. plus, the tower threat that forced the u.s. to close dozens of embassies around the globe. tonight we have word from the head of the fbi that the danger has not passed. enacts. that's next. i go ahead of you? instead we had someone go ahead of him and win fiy thousand dollars. congratulations you are our one millionth customer. nobody likes to miss out. that's why ally treats all their customers the same. whether you're the first or the millionth. if your bank doesn't think you're special anymore, you need an ally. ally bank. your money needs an ally.

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20 million drivers message very compelling, very compelling. this is some really strong stuff! so you turned me into a cartoon...lovely. geico. fifteen minutes could save you fifteen percent or more on car insurance. >> shepard: at least 50 people got hurt when a tour bus overturned along a southern california freeway this morning about 20 miles or so east of los angeles. that bus apparently went through a chainlink fence. look at this. it landed on its side between the freeway and the railroad tracks. according to the california highway patrol, initial findings show the bus hit another vehicle, but it's simply not clear yet how it all happened. emergency crews say they airlifted five people to a trauma center. most others had minor injuries. the bus was taking folks to an indian casino. fire officials say most passengers were senior citizens.

one elderly couple from florida claims the popular cruise line essentially abandoned them in turkey. here's a picture of the couple. the husband apparently fell and broke his hip while on a ship which royal caribbean owns. royal caribbean arranged for treatment at a nearby hospital. the wife says the place was dirty and nobody spoke english there. she says she paid for an american transfer to the company in istanbul because the company told them to file a claim. she says she feared for her husband's life. >> i don't know if he would survive. >> shepard: royal caribbean issued a statement that reads in part, "we helped arrange transportation by ambulance to the closest area hospital. once ashore, we worked closely with the travel insurance provider as they have the experience to deal with local

authorities and medical facilities." the threat which prompted the united states government to close some two dozen embassies earlier this month has not passed and terror groups have only postponed whatever they were planning, or that's the word from the fbi director, robert muller. he is the down today for rare interviews as he prepares to leave after 12 years in office. catherine harridge spoke with him. catherine? >> shep, muller was candid about the threats. >> we are closely monitoring the situation. i would say that it may well have been postponed. one of the contributing factors, i believe, is the fact that we ramped up, and precautions were taken, and that the opportunity they thought they may have had at juncture was no longer there. >> as for a reported conference between terrorist leaders -- >> we're seeing dialog between core al-qaeda and the affiliates as the countries are going through the arab spring that will territorially present a substantial threat down the

road. >> so al-qaeda is not dead? >> no. >> the threat connecting most homegrown plots from the fort hood massacre in 2009 to the boston marathon bombing earlier this year is that the suspects are followers of anwar al-awlakiy, the first american targeted by death by the cia. >> the increase in individuals radicalized on the internet, and can gain knowledge how to develop a explosive device on the internet is the biggest threat at that juncture. then al-qaeda in the arabian peninsula out of yemen. >> fox's ongoing report of the cleric in newly declassified documents are raising questions over whether the u.s. government tried to recruit him. >> i'm not aware of that, but that does not there was not other agency that did so.

>> shepard: the standard term for an fbi director is 10 years. muller put in an extra two at the request of the president. the feds are suing the state of texas now to try to block its new voter id law, the one that requires a photo id from the government to register to vote. the justice department accuses texas of trying to keep minorities from forehead. the governor, rick perry, said, the filing in an effort to obstruct the will of the people of texas is what we've come to expect from attorney general eric holder and president obama. a man who doctors declared dead for 45 minutes suddenly came back to life. wait till you hear what his son said to him just before he started showing signs of life. plus, legal marijuana may be the case in colorado, but many folks there should not expect to pick it up on their way to work. the pushback over pot stores. that's next.

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>> the father who reportedly came back from the dead after his son told him, you're not dying today, says he doesn't remember a thing. coming up, tony yaley with his wife and son. the ohio family says earlier this month, tony's wife woke up early in the morning, realized he wasn't breathing right. emergency crews then brought him to the hospital where his heart stopped beating for 45 minutes. i spoke with tony today in studio b. >> they gave up. they had actually went to my family, declared me dead. everything was unhooked from me except for the heart monitor. the nurse that was working on me actually said for some reason she felt she should leave the heart monitor on. >> tony lay there motionless in his hospital bed. he says his son got word of what happened and ran to his room. >> he was actually back there, iand the pastor of our church ws

back there. he's the one that said, you're not dying today, dad. then after that he stood there for a minute or two, turned to walk out of the room, and the pastor saw the heart monitor start up. >> the power of prayer they say. he's even reportedly set to return to work on monday. colorado voted to approve legal marijuana last year, but that does not necessarily mean pot retail stores will be popping up all over the state anytime soon. driver around to the first window. that's because the constitutional amendment gave cities the option to ban storefront marijuana sales. last month the state's second largest city, colorado springs, did just that. now denver's mayor has also called for a temporary delay in opening recreational marijuana outlets. some city officials say residents -- or i should say some city officials and residents say no matter how much revenue legal pot generates they don't want to be associated with the business of weed.

>> shep, colorado springs officials say the amount of revenue promised from retail pot sales, $3.9 million, is dwarfed by the amount they say they could lose if shops opened up. >> city leaders in other places like huntsville, omaha, that we compete against, would use that against us as they walk the halls of the pentagon, saying keep our unit here, we don't allow recreational marijuana sales. >> defense contracts are big in colorado springs. pueblo county has a different take, welcoming the opportunity. >> maybe we'll be the hub of colorado where they have the testing labs, a lot of white collar, good professional jobs contributing to our economy. >> throughout colorado, anyone over 21 can possess 1 ounce or less, even if they must drive to get it. >> the marijuana sales will be just like alcohol with dry counties. you know, if i were to live in a

dry county, i can drive across the county line, purchase alcohol, and bring it home. we'll see the same thing with marijuana. >> more than 70 cities and counties have prohibited or delayed pot shops. shep? >> shepard: washington state's recreational marijuana law does not provide a way for cities to opt out, but that hasn't stopped some from trying. we recently learned if you build a mountain on top of a high-rise in china, complaining neighbors will eventually force you to tear it down. now word of another hidden structure on a different rooftop in china. the controversy over one guy's temple in the sky. [ dog ] we found it together.

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give up, but after taking another look at the thing, the spacewalkers went ahead and installed it anyway. they say they can always fix it later. surveillance video captured a guy pistol-whipping a dunkin' donuts employee. it all apparently happened because the worker gave his wife the wrong coffee drink. the "miami herald" newspaper is reporting the couple ordered some drinks at the drive-thru there, but then realized the wife got caramel in her coffee, caramel instead of vanilla. i mean, droned them. that's when cops she went inside the place to demand to speak to a manager, but before he came out, the woman reportedly tried to hit the worker who took the order. her husband jumped in to break up the scuffle, pulled out a handgun and hit the worker with it. cops arrested them. there's another case of an illegally built rooftop masterpiece in china. this one may be better than the last one. i don't know. you decide.

residents are demanding a penthouse owner tear down his temple. see here. the guy reportedly built it atop a high-rise in the south of china, about six, seven years ago. residents say they've been complaining about the thing for a long time, but they also say the owner has political connections, so they just, you know, gave up. at least until last week, when the news broke of that awesome situation in beijing. remember this? authorities forced a wealth businessman who built this monstrosity to tear down his illegally-constructed penthouse mountain peak. the jury began deliberations today in the trial of the accused fort hood shooter, major nidal hassan. jurors went home within the last hour, set to return tomorrow. major nidal hassan stands accused of killing 13 people and wounding more than 30 others in the shooting at the army post which happened back in 2009. the defendant chose to represent

himself in court and does not present much of a case at all. he didn't call any witnesses, and he didn't give a closing argument. a grand jury indicted the former new england patriots tight end aaron hernandez today on several charges, charges including murder and carrying a gun without a license. prosecutors say he killed his friend odin lloyd back in june. surveillance video apparently showed hernandez with that gun after the shooting, or with a gun anyway, but the defense claims the prosecution has not produced sufficient evidence to prove its case beyond a reasonable doubt. and weirdness on wall street today. actually not wall street, because it's nasdaq, doesn't belong on the street, just in the digital world. they're blaming a technical glitch for a three-hour trading freeze today. by the end of the session, the nasdaq was up 38 points, more than a whole percentage point. the dow up 66, s&p 15 with positive signs from traders in

europe and asia. on this day in 1950, a tennis phenom name althea gibson became the first african american player to play in a u.s. national competition. althea came from harlem, a native there, showing a natural talent from the very start. at 15 years old, althea won her first state title. then 10 more championships. but officials still rejected her entry into the national grass court championships, because, after all, she was black. a tennis champion wrote an essay supporting gibson. in addition, the association invited her to qualify, which she did, and earned a spot in the big tournament. althea gibson would vil win major events throughout her career, including wimbledon and the french and u.s. opens, but she aced the tennis color barrier 63 years ago today. and nou